S.Amdt. 4461

SA 4461. Mr. MANCHIN (for himself and Mr. Tillis) submitted an
amendment intended to be proposed by him to the bill S. 2943, to
authorize appropriations for fiscal year 2017 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

Strike section 563 and insert the following:

SEC. 563. ACCESS TO DEPARTMENT OF DEFENSE INSTALLATIONS OF
INSTITUTIONS OF HIGHER EDUCATION PROVIDING
CERTAIN ADVISING AND STUDENT SUPPORT SERVICES.

(a) In General.--Chapter 101 of title 10, United States
Code, is amended by inserting after section 2012 the
following new section:

``Sec. 2012a. Access to department of defense installations:
institutions of higher education providing certain advising
and student support services

``(a) Access.--
``(1) Access to be permitted.--
``(A) In general.--The Secretary of Defense may grant
access to Department of Defense installations for the purpose
of providing at the installation concerned timely face-to-
face student advising and related support services to members
of the armed forces and other persons who are eligible for
assistance under Department of Defense educational assistance
programs and authorities, in accordance with the limitations
provided under paragraph (2)(B), to any institution of higher
education that--
``(i) has entered into a Voluntary Education Partnership
Memorandum of Understanding with the Department;
``(ii) is not in violation of the Department of Defense
Voluntary Education Partnership Memorandum of Understanding
that governs higher education activities on military
installations and complies with the regulations related to
substantial misrepresentation promulgated pursuant to section
487(c)(3) of the Higher Education Act of 1965 (20 U.S.C.
1094(c)(3)); and
``(iii) has received approval for such access by the
educational service office of the installation concerned.
``(B) Transition assistance program.--The Secretary of
Defense may grant access to Department of Defense
installations for the purpose of educating members of the
armed forces about education and employment after military
service as part of the Transition Assistance Program to any
institution of higher education that meets the criteria under
subparagraph (A) and has received approval for such access by
the base transition office of the installation concerned.
``(2) Scope of access.--
``(A) In general.--Access may be granted under paragraph
(1) in a nondiscriminatory manner to any institution covered
by that paragraph regardless of the particular learning
modality offered by that institution.
``(B) Student advising and related support .--Access
granted in accordance with paragraph (1)(A) shall be limited
to face-to-face student advisement and related support
services for such institution's students who are enrolled as
of the date of the advisement and provision of related
support services.
``(C) Transition assistance program.--Access granted in
accordance with paragraph (1)(B) shall be limited to face-to-
face student advisement and related support services for
students and members of the armed forces who have elected to
participate in the higher education track of the Transition
Assistance Program but shall not occur during the Transition
Assistance Program.
``(D) Prohibitions.--Any institution of higher education
granted installation access under this section shall be
prohibited from engaging in any recruitment, marketing, or
advertising activities during such access.
``(b) Regulations.--The Secretary shall prescribe in
regulations the time and place of access granted pursuant to
subsection (a). The regulations shall provide the following:
``(1) The opportunity for institutions of higher education
to receive access at times and places that ensure opportunity
for students to obtain advising and support services
described in subsection (a) as best meets the needs of the
military and members of the armed forces.
``(2) The opportunity for institutions of higher education
to receive access at times and places that ensure opportunity
for members of the armed forces transitioning to life after
military service, as determined by the base transition
officer concerned to best meet the needs of the military and
members of the armed forces, to receive advising, student
support services, and education pursuant to this section.
``(c) Definitions.--In this section:
``(1) The term `Department of Defense educational
assistance programs and authorities' has the meaning given
the term `Department of Defense educational assistance
programs and authorities covered by this section' in section
2006a(c)(1) of this title.
``(2) The term `institution of higher education' has the
meaning given that term in section 2006a(c)(2) of this title.
``(3) The term `Voluntary Education Partnership Memorandum
of Understanding' has the meaning given that term in
Department of Defense Instruction 1322.25, entitled
`Voluntary Education Programs', or any successor Department
of Defense Instruction.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by
inserting after the item relating to section 2012 the
following new item:

``2012a. Access to Department of Defense installations: institutions of
higher education providing certain advising and student
support services.''.
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